S.J. MUKHOPADHAYA

The petitioners original plaintiffs filed Regular Civil Suit No.279 of 2008 in the Court of the learned Civil Judge (Senior Division), Vadodara for a declaration and injunction with regard to the suit properties and mainly contended that in the suit properties, they have their undivided shares. Permanent injunction was also sought restraining the defendants from taking any action or causing any loss or damage to the shares of the plaintiffs in respect of the suit properties.

2. The aforesaid properties, in the meantime, were auction sold by original defendant No. 3, present respondent No. 3 Bank of Baroda in favour of the auction purchaser, who is the appellant in the connected Letters Patent Appeal. Said defendant No. 3 bank filed an application (Exh. 15) and requested the Court that the plaint be rejected as the suit is barred by Section 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The said application (Exh. 15) filed by the 3rd defendant bank was allowed by the learned 8th Addl. Senior Civil Judge, Vadodara by judgment and order dated 29.4.2008 observing that the suit was not maintainable. The said order was unsuccessfu